FAMILY COURT
OF AUSTRALIA
Application for Consent Orders Kit
www.familycourt.gov.au
Use this kit to obtain an order when
you have reached agreement about:
n
Your children
n
Your property
n
Maintenance for a husband or wife
or a party to a de facto relationship
Please be aware that there is a filing fee
for an Application for Consent Orders.
For more information about fees, visit the
fees section at www.familycourt.gov.au
This kit includes:
n Information (pages A–I)
NOTE: Applications for Consent Orders can
be eFiled through the Commonwealth Courts
Portal (www.comcourts.gov.au). For more
information see the Commonwealth Courts
Portal User Guide at www.familycourt.gov.au
n Links to the relevant sections of the
Family Law Act 1975
n Application for Consent Orders –
(pages 1–25)
n Where to file (inside back cover)
n Help in other languages (back cover)
CHECKLIST
This checklist is provided as a guide to completing the form correctly. It highlights particular questions which the Court
has found people do not always answer correctly or fully.
At Part A, Item 3 on on page 1 have you clearly stated your contact address (address for service) in Australia?
At Part B on page 2, have you given details of your relationship?
At Part C, Items 10 & 11 on pages 3 & 4, have you provided details of any ongoing Court cases or existing
orders concerning the husband, wife, parties to a de facto relationship or the children? Where there is an existing
order you may either attach a copy of the order or set out the details of that order. If the orders you seek are
intended to vary or discharge an existing order made in a registry other than the registry in which the Application
for Consent Orders is to be filed, then sealed copies of the existing order must be filed.
At Part C, Items 14, 15, 16 & 18 on page 5, if you have answered yes, have you provided/attached the
documents required?
At Part C, Item 18 on page 5, if there is a proceeds of crime order or a forfeiture application in existence in relation
to any of the property of any of the parties, have you attached a sealed copy of the order or application?
At Part E, have you signed each page of the proposed orders by consent and dated the last page the same day
you signed your statement of truth? See Parts J, L and N.
At Part F on pages 7–9, if you are seeking parenting orders, have you provided separate information for each child?
Have you completed and attached to the original proposed consent orders an Annexure to Proposed Consent Parenting
Order form (this form must be attached to ALL applications seeking parenting orders)?
At Part G, Item 26 on page 10, if required have you attached copies of your written and signed consent of
each party to the de facto relationship and statements of legal advice by the legal practitioners for each party?
At Part G, Items 27 & 32 on pages 10 &11, if required have you provided/filed the documents required?
At Part H on pages 12–20, if you are the applicant and you are seeking property or maintenance orders, have
At Part H, Item 58 on page 16, if you are the applicant and you are seeking property or maintenance orders
have you provided your total net worth (not including superannuation) by subtracting your liabilities from the total
value of property owned by you, and has the respondent done the same?
At Part H, Item 59 on page 16, if you are seeking property or maintenance orders and either party has acquired
or disposed of any property since the date of separation have the details been provided?
At Part H, Items 60–65 on pages 17 & 18, if a superannuation splitting order is sought, have you given the
At Part I on pages 21 & 22, if you are seeking property orders have you addressed each item and provided
you completed column 1 and has the respondent completed column 2?
details required and attached a completed Superannuation Information Form and any other evidence of value? If
you have more than one superannuation interest have you attached a list of all your superannuation interests and
given the details required for each interest?
the net value of the property that the applicant and the respondent will each receive? If you are seeking an order
in relation to superannuation have you provided the gross value of the superannuation that the applicant and the
respondent will each receive and have you set out the taxation consequences of the order sought?
At Part J & Part L on pages 23 & 24, have you marked every box that applies to you? Have you signed your
statement of truth?
At Part K & Part M on pages 23 & 24, if you have sought independent legal advice about the orders you seek
has the lawyer completed and signed the statement of independent legal advice?
Have you answered every question that applies to you?
Do you have the original and enough copies for each party to the orders, certified as true copies of the proposed
orders to lodge with the application? Remember, the proposed orders should be signed by each party on the same
day that that party signs his or her statement of truth (See Parts J, L or N).
Have you made copies of the completed Application for Consent Orders so that there is a copy for each party to
the orders? These will need to be presented when you file the original Application for Consent Orders form.
Ensure that you file the application within 90 days of the date of the first signed statement of truth (see Parts J & L).
About this kit
This kit can be used to apply for consent orders about the care arrangements for your children (known as
parenting orders), the division of property or maintenance for a husband or wife or former husband or
wife, or a party to a de facto relationship which has broken down (known as spouse or de facto partner
maintenance). It can also be used if you are applying for consent orders which vary or discharge existing
Family Court orders.
Important note
You should read this kit carefully.
You are responsible for making sure all your paperwork is in order. Family Court staff can help you with the
provision of forms and information about the processing of your application but they cannot give you legal advice.
If you do not comply with the Family Law Act 1975 and Family Law Rules 2004, your Application for
Consent Orders may be delayed or refused.
If the parenting orders you intend to seek are inconsistent with a family violence order between any of the parties
or concerning any of your children then your application must be heard in court. In this case you may need to
consider submitting a different type of application. You should seek legal advice before proceeding any further.
All forms refered to in this application are available from
go to www.familycourt.gov.au
n
n
on the website
n
call 1300 352 000 or
n
visit a family law registry near you.
Legal advice
It is important that you understand the meaning and effect of the orders you seek.
Even if you have decided to make your application without the help of a lawyer, you should obtain
independent legal advice about the effect and consequences of the orders you propose and signing of
the Statement of Truth.
You can get legal advice from a:
nlegal
aid office
ncommunity
nprivate
legal centre, or
law firm.
Court staff can help you with questions about forms and Court processes, but cannot give you legal advice.
Hearing impaired clients
The National Relay Service is a free telephone service that allows deaf, or hearing and/or speech impaired
clients with a TTY machine, to make telephone calls to a registry.
nTelephone:
nTTY
133 677 (clients who are deaf or hearing impaired)
1300 720 980 (clients who are both deaf/hearing impaired and speech impaired).
www.relayservice.com.au
The Family Court’s website www.familycourt.gov.au provides useful links to all relevant legislation
such as the Family Law Act 1975. Copies of the entire Family Law Act are also available from libraries
or can be purchased from the Commonwealth Government Information Shops (previously known as
Commonwealth Government book shops) which are located in all capital cities. These are listed in the
white pages of your phone book.
A
About the words used in this kit
Applicant – The person who seeks to have the court
make orders.
Annexure to proposed consent parenting order – a
form that must be completed and included with all
aplications for parenting orders – see Rule 10.15A of
the Family Law Rules.
Contact address (address for service) in Australia
– the address in Australia that a party in a case
nominates as being the place where documents are to
be left for them or mailed, faxed or emailed to them.
De facto relationship – a relationship between two
persons who are not legally married to each other;
and not related by family and having regard to all the
circumstances of their relationship, have a relationship
as a couple living together on a genuine domestic
basis. A de facto relationship can exist between two
persons of different sexes and between two persons of
the same sex. (See the Family Law Act, section 4AA).
Family violence – means violent, threatening or other
behaviour by a person that coerces or controls a
member of the person’s family (the family member),
or causes the family member to be fearful. A child is
exposed to family violence if the child sees or hears
family violence or is otherwise exposed to family
violence. See the Family Law Act, section 4AB, which
gives examples.
Family violence may also amount to child abuse.
Abuse – in relation to a child means,
(a) an assault, including a sexual assault, of the child; or
(b) a person (the first person) involving the child in a
sexual activity with the first person or another person
in which the child is used, directly or indirectly,
as a sexual object by the first person or the other
person, and where there is an unequal power in the
relationship between the child and the first person; or
(c) causing the child to suffer serious psychological
harm, including (but not limited to) when that harm is
caused by the child being subjected to, or exposed
to, family violence; or
(d) serious neglect of the child.
Family violence order – an order (including an interim
order) made under a prescribed law of a State or
Territory to protect a person from family violence.
B
Financial agreement – In relation to a marriage
means an agreement that is a financial agreement
under section 90B, 90C, 90D, of the Family Law Act
but it does not include an ante-nuptial or post-nuptial
settlement to which section 85A of the Act applies.
In relation to a de facto relationship means a financial
agreement under Part VIIIAB, Division 4 and sections
90UB, 90UC, 90UD and 90EU of the Family Law Act.
Filing – the procedure of you lodging an application
or other document with a registry of the Court. You
can do this by hand, post or electronic means.
Maintenance – financial support.
Medical procedures – an Initiating Application (Family
Law) seeking an order authorising a major medical
procedure on a child which is not for the purpose of
treating some malfunction or disease.
Party – a person involved in a case before the court.
Once the Application for Consent Orders is filed, both
the applicant and respondent become parties to the
application.
Proposed orders by consent – a term used to
describe the signed agreement which you wish to
have made into court orders.
Registrar – the person who considers the Application
for Consent Orders.
Registry – how Family Court offices are known.
For example, the Melbourne Registry is in the
Commonwealth Law Courts building on William Street.
Respondent – Party to an Application for Consent
Orders who is asked to consent to an application to
have the Court make the orders.
Sealed copy – a copy of a document which has an
original Court seal stamped on it.
Service – the process of giving or delivering documents
to a party after the documents have been filed. You
should obtain the Court's Service Kit.
Spouse – a husband or wife, or former husband or wife.
Spouse or de facto partner maintenance – financial
support for a husband or wife, or former husband or
wife or a party to a de facto relationship which has
broken down as the case may be.
Statement of Truth – is a written statement which
you must sign to confirm that the contents of your
applications are truthful. You must sign the Statement of
Truth at Parts J & L of the Application for Consent Orders
before filing it with the Court.
Superannuation Information Form – a form
required to be used in property cases where there
are superannuation interests being considered as
part of the property settlement or division. The form
is used to seek information from the trustee of the
superannuation plan.
Third party – for property orders a person who is not a
party to the marriage or de facto relationship.
What are consent orders?
The Family Court encourages families in dispute to reach agreement about the care arrangements for their children,
the division of property or spouse or de facto partner maintenance.
If you want your agreement to become an order of the Court, you can apply for consent orders to be made without
having to actually go to Court. You can do this by using this kit or with the help of your lawyer. Consent orders
have the same legal effect as an order made after a Court hearing.
The consent orders you cannot seek by using this
application
n
Child maintenance for children covered by the Child Support (Assessment) Act, that is, those under 18 who
were born after 1 October 1989 or whose parents separated after that date - this is handled by the Child
Support Agency which can be contacted on 131 272 for the cost of a local call.
n
Declarations about the existence of a de facto relationship.
n
Medical procedures.
n
Orders under cross vesting laws.
n
A parenting order in favour of a person who is not a parent, grandparent or other relative under Section 65G
of the Family Law Act.
You should seek legal advice before proceeding any further with any of these types of applications.
What you need to consider
It is important that you understand the meaning and effect of the orders you are seeking.
Even if you have decided to make your application without the help of a lawyer, you should obtain independent
legal advice about the effect and consequences of the orders you propose.
If you are seeking orders concerning children you should read and consider sections 60B, 60CA, 60CC, 61DA
and 65DAA of the Family Law Act.
If you are seeking property orders in relation to a marriage, you should read and consider sections 75 and 79
and Part VIIIB of the Family Law Act. If you are seeking financial orders as a party to a de facto relationship which
has broken down, you should read and consider sections 90SK, 90SL, 90SM and Part VIIIAB of the Family Law
Act. If you are seeking an order or injunction binding a third party you should read and consider Part VIIIAA and
if a party to a de facto relationship, you should also read and consider section 90TA of the Family Law Act.
If you are seeking spouse maintenance orders, you should read and consider sections 72, 74 and 75 of the
Family Law Act.
If you are seeking de facto partner maintenance orders, you should read and consider sections 90SB, 90SD,
90SE and 90SF of the Family Law Act.
If you are seeking orders for property settlement or maintenance and more than 12 months has lapsed since
your divorce became final, you should read and consider s44 (3) of the Family Law Act. This may apply and if
so, you must consent to the Court making the proposed property and maintenance orders.
If you do not consent to the Court making the proposed property and/or maintenance orders, an Application
for Consent Orders is not the appropriate form. You should file an Application in a Case seeking the Court’s
permission to bring an application for property settlement/maintenance.
All of these sections and Parts of the Family Law Act can be accessed through the Family Court website:
www.familycourt.gov.au or from any Court registry.
What the Court must consider
The matters the Court must consider when deciding an Application for Consent Orders are set out in the Family
Law Act. The Court has to be satisfied that:
n
for parenting orders, the arrangements are proper;
n
for property orders, the arrangements are just and equitable.
If the Court is satisfied that the orders should be made, the Court will issue the consent orders. Copies will be
returned to you.
C
Setting out your orders
The orders you seek concerning your children, property, spouse or de facto partner maintenance will depend on
the circumstances of your family.
You should seek legal advice about what orders to apply for.
Generally, consent orders that can be made by a court fall into two categories – parenting orders and financial orders.
PARENTING ORDERS
These include orders relating to:
n
The person with whom the child lives – including any shared arrangements.
n
The times that a child may spend with – a parent with whom they are not living, or anyone else who plays
an important part in their life, such as a grandparent and can be either face-to-face, or by phone, email or
letters.
n
Child maintenance – for children not covered by the Child Support (Assessment) Act. If you are unsure contact
the Child Support Agency.
n
Any other aspect of parental responsibility – this may include the day-to-day care, welfare and development
of a child, religion, education and sport.
You must attach to the application a completed Annexure to Proposed Consent Parenting Order form – see Rule
10.15A of the Family Law Rules.
FINANCIAL ORDERS
These include orders relating to:
n
Spouse maintenance – financial support for a husband or wife or former husband or wife.
n
De facto partner maintenance – financial support for a party to a de facto relationship which has broken
down (provided the requirements of section 90DK are met).
n
Property – how your property, superannuation, financial resources and liabilities should be shared between
you (in the case of a de facto relationship which has broken down, provided the requirements of section
90SK are met).
Once you have reached agreement you need to prepare your application to the Court. See the 'How to apply'
section on page I of this Kit.
SUPERANNUATION
There are special requirements where you are making an application for orders for property settlement and either
party has a superannuation interest.
If you are seeking a splitting order in relation to a superannuation interest in accordance with Section 90MT of
the Family Law Act:
(a) You must attach to the application a completed Superannuation Information Form in relation to that
superannuation interest.
(b) You must calculate and agree the value of the superannuation interest and consider the taxation consequences
of the order. If the Family Law (Superannuation) Regulations 2001 provide a method for calculating the value
then that method must be used. Otherwise you must agree an appropriate method of valuing the interest. The
completed Superannuation Information Form will have sufficient information to allow the value to be calculated
in accordance with the regulations.
(c) Where a base amount is allocated then that amount cannot exceed the value of the interest (see Section
90MT(4)).
If you are seeking an order that imposes an obligation on the Trustee of the superannuation plan you must satisfy
the court that the Trustee has been accorded procedural fairness in relation to the making of the order.
D
The Court requires that at least 28 days before filing the application, you must serve written notice of the following
matters on the Trustee of the superannuation plan in which the superannuation interest is held:
(a) the terms of the orders that will be sought from the Court to bind the Trustee
(b) that the Trustee may object to the orders sought by giving written notice within 28 days of receiving the
notice.
If the Trustee does not object to the orders sought within 28 days after receiving the notice you may file the
application.
The proposed orders by consent must contain a provision that each party and the Trustee have liberty to apply in
relation to the implementation of the orders affecting the superannuation interest.
You should seek legal advice and, where necessary, accounting advice about these requirements.
DE FACTO RELATIONSHIP JURISDICTION – FINANCIAL CAUSES
There are special requirements where you are making an application for orders for maintenance and/or property
settlement as a party to a de facto relationship.
You must complete Part G of the application and must establish that you are entitled to apply and meet certain
geographical requirements.
n
Mark NO or YES for each box in Part G where required
n
Produce any documents required by your answers to 26, 27 and 32
Entitlement to apply and geographic requirements
n
If you answer NO to 25 you must answer 26 to 28 as required and comply with item 86A (refer also item 85)
of Schedule 1 of the Family Law Amendment (Financial Matters and other Measures) Act 2008.
n
To enable the Court to exercise its jurisdiction in de facto financial causes you must:
– answer YES to one of the questions at 29 – 32, and
– answer YES to one of the questions at 33 or 34, and
– if you have answered YES to 34, you must also answer YES to one of the questions at 35 or 36
If your de facto relationship broke down more than two years before the date of filing this application, an Application
for Consent Orders is not the appropriate form. You should file an Application in a Case seeking the Court’s permission
to bring an application for property settlement/maintenance.
What if there is an existing order?
If the orders you seek are intended to vary or discharge an existing order which was made in any other court or
Family Court registry, other than the registry in which the Application for Consent Orders is to be filed, then sealed
copies of the existing order must also be filed.
Other documents
If there has been no other case involving you at the Family Court registry in which your Application for Consent
Orders is to be filed you must also file a copy of the certificate of registration of de facto relationship or other proof
(if you were a party to a de facto relationship which is registered under a prescribed law of a state or territory and
are seeking financial or de facto partner maintenance orders).
E
Change of name, address
If you change address after the application is filed you must file a Notice of Address for Service so the Court can
send any papers to the correct address. If you change your name after the application has been filed, you must
inform the Court in writing.
Duty of disclosure
You must make full disclosure of your financial circumstances. You must read Rule 13.04 of the Family Law Rules.
WARNING
A failure to give full and frank disclosure has serious consequences. These consequences may include:
n any consent orders being set aside
n you having to pay the other party’s legal costs
n your being fined
n you being charged with contempt of court.
Who should be a party
A person against whom an order is sought or whose rights may be directly affected by an issue in the case must
be included as a party to the application for consent orders. For the persons who must be parties to an application
seeking parenting orders see Rule 6.02(2) of the Family Law Rules. An Independent Children’s Lawyer, if one has
been appointed, must be treated as a party – see Rule 8.02(4) of the Family Law Rules.
Certain persons are entitled to become a party to proceedings between parties to a marriage (see section 79(10))
and parties to a de facto relationship which has broken down (see section 90SM(10)). You may be required to
notify the third party about this application—see sections 79F, 79G, 79H and 79J (in relation to proceedings
between parties to a marriage) and sections 90SO, 90SP, 90SQ and 90SR (in relation to proceedings between
parties to a de facto relationship which has broken down).
If an order or injunction is to be binding on a third party under Part VIIIAA or Part VIIIAB of the Family Law Act,
that third party must:
F
n
be named as a respondent to the application
n
sign the proposed consent order
n
sign Part N (see supplementary page to the Application to Consent Orders).
Relevant legislation referred to in this kit
Below is a list of the sections of the Family Law Act and other legislation referred to in this kit.
Note: You are required to read and consider certain sections and Parts of the Family Law Act before signing the
Statement of Truth in this application (See Parts J, L and N of the Application for Consent Orders).
To access the relevant sections of the Family Law Act:
n
go to www.familycourt.gov.au
n
call 1300 352 000 or
n
visit a family law registry near you.
Parenting orders
Family Law Act 1975
n
Section 64B – meaning of parenting order and related terms
n
Section 60B – object of Part VII of the Act and principles underlying it
n
Section 60CA – child’s best interests paramount consideration in making a parenting order
n
Section 60CC – how a Court determines what is in a child’s best interests
n
Section 61DA – presumption of equal shared parental responsibility when making parenting orders
n
Section 65DAA – Court to consider child spending equal time or substantial and significant time with each
parent in certain circumstances
n
Subsection 4(1) – interpretation of:
– ‘Aboriginal or Torres Strait Islander’ culture in relation to a child
– ‘Family violence’ - see also subsections 4(1AB) and 4(1AC)
– ‘Abuse’ - in relation to a child.
G
Financial orders (other than child maintenance)
In relation to proceedings between parties to a marriage:
Spouse maintenance
Family Law Act 1975
n
Section 72 – right of spouse to maintenance
n
Section 74 – powers of court in spousal maintenance proceedings
n
Section 75 – matters to be taken into consideration in relation to spousal maintenance
Declarations and alteration of property interests
Family Law Act 1975
n
Section 44(3) – time restrictions on property and maintencance proceedings
n
Section 78 – declaration of interests in property
n
Section 79 – alteration of property interests
n
Part VIIIAA – in respect of orders or injunctions binding third parties
n
Part VIIIB – in respect of superannuation interests
In relation to proceedings between parties to a de facto relationship:
Entitlement to apply and geographical requirements
Family Law Act 1975
n
Section 4AA – meaning of ‘De facto relationship’
n
Section 90SA – not apply to certain matters covered by binding financial agreements
n
Section 90SB – entitlement to apply
n
Section 90SD – geographical requirements (de facto partner maintenance)
n
Section 90SK – geographical requirements (declarations and alterations of property interests)
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008
n
Item 86A, Schedule 1 – where both parties to a de facto relationship that broke down before 1 March 2009
may opt for Parts VIIIAB and VIIIB, and subsection 114(2A), of the Family Law Act 1975 to apply in relation
to the de facto relationship.
De facto partner maintenance
Family Law Act 1975
n
Section 90SB – when an order for de facto partner maintenance can be made
n
Section 90SD – geographical requirements to allow an order to be made (de facto partner maintenance)
n
Section 90SE(1) – power of court in de facto partner maintenance proceedings
n
Section 90SF – matters to be taken into consideration in relation to maintenance
Declarations and alteration of property interests
Family Law Act 1975
H
n
Section 44(5) – period in which to apply
n
Section 44(6) – leave provisions – no provision for parties to consent
n
Section 90SL – declaration of interests in property
n
Section 90SM – alteration of property interests
n
Part VIIIAA – in respect of orders of injunctions binding third parties – see also section 90TA
n
Part VIIIB – in respect of superannuation interests
How to apply
STEP 1
Type the orders you seek in a proposed orders by consent, giving careful consideration to the information
set out in the front section of this kit on pages A to I.
Set out each order sought in a separate paragraph and number each paragraph. Each page should be
signed by each party and dated.
You may like to use the template provided on the Family Court website www.familycourt.gov.au Application
for Consent Orders - proposed orders template as a guide to setting out these proposed consent orders.
.STEP 2
Complete the Application for Consent Orders in this kit. The application should be completed by all
parties and should be typed or clearly hand printed in ink. The parties must sign the Application in the
space provided at the bottom of each page.
STEP 3
If you are applying for consent orders for property settlement and either party has a superannuation
interest, there are special requirements which need to be met. See page D for details.
If you are applying for consent orders for property settlement and/or maintenance as a party to a de facto
relationship, there are special requirements which need to be met – see page E for details.
If you are applying for a consent order for property settlement and an order sought will bind a a third party
there are special requirements which need to be met. See page F under 'Who should be a party' for details.
If you are applying for a consent order for parenting orders or orders which would vary existing parenting
orders (see s64B), you must consider what is in the best interests of the child. You should bear in mind
that the Court is required to apply the presumption that it is in the best interests of the child for the child’s
parents to have equal shared parental responsibility for the child, except where the circumstances in
s61DA(2) apply. In cases where the circumstances in s61DA(2) do not apply, and all parties are seeking
a parenting order or orders which will provide for something different to the child’s parents having equal
shared parental responsibility, you are going to have to provide information to persuade the court that the
order or orders you are seeking, is in fact in the child’s best interests.
If you are applying for a consent order that provides for equal shared parental responsibility and
makes a provision for a child to spend time with a parent, the Court may need to consider whether
the proposed arrangement is reasonably practicable (s65DAA(1)(b), (2)(d)). You are going to have to
provide information to persuade the court that the orders that you are seeking are:
(a) in the child’s best interest and
(b) that the arrangement is reasonably practicable (s65DAA(5)).
Please note: If applying for parenting orders by consent, you must attach to the proposed consent order
an Annexure to Proposed Consent Parenting Order to inform the Court whether there are any concerns
about abuse, neglect or family violence and, if so, how the orders deal with those matters – see Rule
10.15A of the Family Law Rules.
STEP 4
STEP 5
STEP 6
Sign each page of the proposed orders and date the last page. Make sure you do this on the same day
you sign the statement of truth in Parts J, L and N.
Note: Each party must sign both the consent orders and the statement of truth on the same day. However,
all the parties do not need to sign on the same day.
At the end of the application at parts J and L there are statements of truth which each party must complete
and sign. Be careful to mark [X] all the boxes that apply to your application.
If you have sought independent legal advice about the orders you seek, your lawyer must complete the
‘Statement of Independent Legal Advice’, contained in parts K and M of the application form.
STEP 7File
n the original and two copies of your Application for Consent Orders along with the original signed
proposed orders and two copies certified as true copies of the consent orders (for more information
see supplement to Application for Consent Orders)
n any other document that is referred to in this Kit.
Provide extra copies of the documents for any additional parties. When filing your application it may be
better to personally deliver the documents to the Court so that where possible any problems with your
paperwork can be attended to at the time.
You must file your application within 90 days of the date of the first statement of truth (see Parts J
and L) otherwise the consent orders may not be made.
Each party should keep copies of the completed application and the orders.
STEP 8
STEP 9
After an Application for Consent Orders is filed a registrar will consider it. If the registrar is satisfied that
the orders should be made, the registrar will sign the proposed orders and sealed copies will be sent to
you. If the registrar is not satisfied, a notice will be sent to you with a brief explanation as to what you
need to do. It may be necessary for your application to be heard in court.
If the order splits, flags or otherwise imposes an obligation on the trustee of a superannuation plan, the
applicant must serve written notice of the terms of the order on the Trustee of the superannuation plan in
which the interest is held.
Please note: It is in your interests to seek legal advice.
I
Application for Consent Orders
Family Law Rules ~ RULE 10.15
C OU RT U S E ON LY
Please type or print clearly and mark [X] all boxes that
apply. Attach extra pages if you need more space to
answer any question/s.
Client ID
Filed in:
Family Court of Australia
Family Court of Western Australia
Other (specify)
File number
Notice to the parties
n
Filed at
Each party to the application must sign a statement of
truth – for an applicant a statement in accordance with
Part J and for a respondent a statement in accordance
with Part L or N, as applicable.
Filed on
n
The application must be filed promptly. The consent order may not be made if the application is not filed
within 90 days of the date of the first statement of truth (see Parts J and L).
n
Each copy of the proposed orders by consent must be certified by the applicant or lawyer as a true copy.
n
If an order or injunction is sought under Part VIIIAA or Part VIIIAB of the Family Law Act the third party must
be named as a respondent to this application and must sign the proposed orders by consent. The third party
must also sign Part N of the form but is not required to complete any other Part.
Part A
1
About the parties
APPLICANT
What is your family name as used now?
RESPONDENT
What is your family name as used now?
Given names?
Given names?
Male Female
2 What is your usual occupation?
Male Female
What is your usual occupation?
3 What is your contact address (address for service) What is your contact address (address for service)
in Australia? If you give a lawyer’s address, include the
name of the law firm.
in Australia? If you give a lawyer’s address, include the
name of the law firm.
State
Postcode
State
Postcode
Phone
Fax *
Phone
Fax *
DX
DX
Lawyer’s code
Lawyer’s code
Email *
Email *
*
Please do not include email or fax addresses unless you are willing to receive documents from the
Court and other parties in that way.
Signature of applicant
Signature of respondent
1
APPLICANT
RESPONDENT
4 When and in what country were you born?
DAY / MONTH / YEAR
When and in what country were you born?
COUNTRY
DAY / MONTH / YEAR
/ /
COUNTRY
/ /
F 5 Are you of Aboriginal and/or of Torres Strait Islander origin? Are you of Aboriginal and/or of Torres Strait Islander origin?
No
No
YesAboriginal
YesAboriginal
Yes Torres Strait Islander
Yes Torres Strait Islander
Yes Aboriginal and Torres Strait Islander
Yes Aboriginal and Torres Strait Islander
F
You are not required to answer this question, but it will greatly assist the Court if you do. The information sought is
being collected to assist the Court in planning and delivering client services. It is possible that you may be contacted
to participate in a review of a particular aspect of the Court’s services, although your right not to participate will be
respected. The information you provide may be shared with researchers approved by the Court, and may be included in
publications in statistical form in a way that does not identify you.
If there is more than one applicant or respondent, attach an extra page with the details for Applicant 2/
Respondent 2, answering Items 1–5. A third party who will be bound by an order sought under Part VIIIAA
or Part VIIIAB of the Family Law Act must be named as a respondent but need not complete any of this form
except Part N.
Part B
About the relationship of the parties
NOT
APPLICABLE
6 When did you begin living together?
DATE //
7 If married, when and where did you get married?*
DATE
/
TOWN/CITYCOUNTRY
/
8 When did you finally separate?
DATE //
9 When and where did you get divorced?
DATE
/
Signature of applicant
TOWN/CITYCOUNTRY
/
Signature of respondent
2
Part C
About other Court cases and orders
IF YOU ARE SEEKING PARENTING ORDERS, ANSWER ITEMS 10 TO 13A.
IF YOU ARE SEEKING FINANCIAL ORDERS, ANSWER ITEMS ANSWER ITEMS 10 TO 11 AND 14 TO 19.
10 Are there any ongoing cases in this or any other court about family law, child support, family violence or
child welfare that involve any of the parties or any of the children listed on this form?
No
Yes
PLEASE GIVE THE FOLLOWING DETAILS
Court name and place
Next Court date
//
State the names of the parties
State the nature of the orders sought
(NUMBER EACH ORDER SOUGHT)
1.
IF THERE IS MORE THAN ONE CASE PLEASE ATTACH AN EXTRA PAGE, NUMBERING IT ITEM 10 ~ PAGE 2
11 Are there any existing orders, agreements, parenting plans or undertakings to a court about family law, child
support, family violence or abuse in relation to a child (including orders which have applied to a child or a
member of the child’s family), or child welfare, concerning any of the parties or children listed on this form?
No
Yes EITHER attach a full copy of the order, agreement, parenting plan or undertaking or set out
details below (attach an extra page if you need more space, numbering the page/s Item 11 page 2
and so on).
Attached is a copy/copies of the following (mark [X] the boxes that apply):
orderundertaking
parenting plan
OR
GIVE THE FOLLOWING DETAILS
Court name and place
agreement
Date
//
Names of the parties to the order/agreement/parenting plan/undertaking
CONTINUE ON PAGE 4 FOR DETAILS OF THE ORDER/AGREEMENT/PARENTING PLAN/UNDERTAKING
Signature of applicant
Signature of respondent
3
Details of the order/agreement/parenting plan/undertaking
1.
IF THERE IS MORE THAN ONE CASE PLEASE ATTACH AN EXTRA PAGE, NUMBERING IT ITEM 11 ~ PAGE 2
12 Is there is a family violence order?
No
Yes Are the orders sought in this application consistent with that family violence order?
Yes
No GIVE BRIEF DETAILS (see sections 68P, 68Q, 68R and 68S of the Family Law Act)
12A Has there been any contact with the department responsible for child safety with respect to the
children named in this application or any other child of the household?
No
Yes Provide details including the outcome of that contact and any outstanding concerns.
13 Are you seeking a parenting order that provides for the child’s parents to have equal shared parental
responsibility for the child?
Yes
GO TO ITEM 13A IF APPLICABLE
No
COMPLETE THE FOLLOWING
Is this a case where all parties accept that the presumption in Section 61DA(1) does not apply?
Yes Give brief details of why the presumption does not apply
No
Signature of applicant
Briefly explain why it is in the best interests of the child for the Court to make the order/s
you are seeking rather than order/s which provide for the child’s parents to have equal
shared parental responsibility for the child.
Signature of respondent
4
13A Are you seeking a parenting order that provides for the child’s parent to spend time with the child?
Yes Having regard to s65DAA(5), briefly explain why the child spending equal time or
substantial and significant time with each of the parents is reasonably practicable.
No Briefly explain why it is not in the child’s best interest to spend time with each parent.
14 Have the parties previously entered into a financial agreement, a Part VIIIAB financial agreement or a
superannuation agreement under the Family Law Act or under any relevant State or Territory legislation?
No
Yes
PROVIDE A COPY OF THE AGREEMENT/S
15 If either party has a superannuation interest, has the non-member spouse or former de facto partner
served a waiver notice on the Trustee of the eligible superannuation plan under section 90MZA of the
Act for a payment split made in relation to the superannuation interest?
No
Yes
ATTACH A COPY OF THE NOTICE
16 If either party has a superannuation interest, is there a payment flag in operation in relation to that interest?
No
Yes
ATTACH A COPY OF THE ORDER OR AGREEMENT CREATING THE FLAG
17 Is any party currently bankrupt or currently a debtor in bankruptcy proceedings started by either a creditor’s
petition or a debtor’s petition or currently a debtor subject to a personal insolvency agreement?
No
Yes
18 Is there a proceeds of crime order or current forfeiture application in relation to any of the property of
any of the parties (see Proceeds of Crime Act 2002 (C’wlth))?
No
Yes
ATTACH A SEALED COPY OF THE ORDER OR APPLICATION
19 Is there any person who may be entitled to become a party to the case under Subsection 79(10) or
subsection 90SM(10) of the Act?
No
Yes Has written notice been given to that person?
Yes
No
Signature of applicant
Signature of respondent
5
Part D
About the children
This part must be completed by all applicants if there are children under the age of 18 years, regardless of
whether the orders sought are in relation to children, property or maintenance. You must give details for each
natural or adopted child of both or either of you who is under 18. This is regardless of whether the child has lived
with both or either of you.
20
Give the following details for each child
Family name
Given names
Primary care giver* Date of birth
Child 1: /
/
Child 2: /
/
Child 3: /
/
Child 4: /
/
*
M/F
IF THE CHILD DOES NOT SPEND EQUAL TIME WITH EACH OF THE PARENTS IDENTIFY THE PERSON WITH WHOM THE
CHILD LIVES MOST OF THE TIME
21 Who else lives in the child’s home when the child is living with the applicant and when the child is living with
the respondent? Do not include the other children listed in Item 20.
APPLICANT
RESPONDENT
Child 1
FATHER
MOTHER
FATHER
MOTHER
OTHER PERSON
Age
OTHER PERSON
Age
Female
Male
Male
Name and relationship to the child
Female
Name and relationship to the child
Child 2
FATHER
MOTHER
FATHER
MOTHER
OTHER PERSON
Age
OTHER PERSON
Age
Female
Male
Male
Name and relationship to the child
Signature of applicant
Female
Name and relationship to the child
Signature of respondent
6
APPLICANT
RESPONDENT
Child 3
FATHER
MOTHER
FATHER
MOTHER
OTHER PERSON
Age
OTHER PERSON
Age
Female
Male
Male
Name and relationship to the child
Female
Name and relationship to the child
Child 4
FATHER
MOTHER
FATHER
MOTHER
OTHER PERSON
Age
OTHER PERSON
Age
Female
Male
Male
Name and relationship to the child
Part E
Female
Name and relationship to the child
Order/s sought
22 The parties seek orders in terms of the proposed orders by consent that are signed by the parties and
lodged with this Application for Consent Orders.
Part F
Details for parenting orders
Omit all of this Part if no parenting orders are sought, and remove pages 8 & 9 when filing.
You must attach a completed Annexure to Proposed Consent Parenting Order form if you are applying for parenting
orders.
APPLICANT 1
RESPONDENT 1
23 JurisdictionJurisdiction
Which of the following applies?
Which of the following applies?
MARK [X] EVERY BOX THAT APPLIES TO APPLICANT 1 AND EVERY BOX THAT APPLIES TO RESPONDENT 1.
I am present in Australia
Present in Australia
I am ordinarily resident in Australia
Ordinarily resident in Australia
I am an Australian citizen
An Australian citizen
The child (or children) is present in Australia/ ordinarily resident in Australia/
is an Australian citizen
Signature of applicant
Signature of respondent
7
Where details for Child 2 are the same as Child 1
write 'As for Child 1'
Child 1
Child 2
Housing (e.g. 3 bedroom house – child has own room).
Housing (e.g. 3 bedroom house – child has own room).
24 Proposed arrangements for the child:
Proposed arrangements for the child:
Supervision (who looks after the child? e.g. If the parent who lives with the child is working outside the home who looks after the
child during the parent’s absence).
Financial support (details about maintenance and child support, including details of maintenance orders or child support assessments
and what is actually being paid or proposed to be paid by any parent or party to the marriage who does not live with the child).
Health (details of the health of the child and any treatment or ongoing medication needs).
Education (details about what school the child attends, what year he/she is in and what progress is being made).
Any other matters (under subsection 60CC of the Family Law Act).
Signature of applicant
Signature of respondent
8
Where details for Child 3 & 4 are the same as Child 1
write 'As for Child 1'
Child 3
Child 4
Housing (e.g. 3 bedroom house – child has own room).
Housing (e.g. 3 bedroom house – child has own room).
24 Proposed arrangements for the child:
Proposed arrangements for the child:
Supervision (who looks after the child? e.g. If the parent who lives with the child is working outside the home who looks after the
child during the parent’s absence).
Financial support (details about maintenance and child support, including details of maintenance orders or child support assessments
and what is actually being paid or proposed to be paid by any parent or party to the marriage who does not live with the child).
Health (details of the health of the child and any treatment or ongoing medication needs).
Education (details about what school the child attends, what year he/she is in and what progress is being made).
Any other matters (under subsection 60CC of the Family Law Act).
If there are no more children and you are not seeking any financial orders: GO TO PART J, ON PAGE 23. If you need
more space for any other children, attach an extra page, numbering it Item 24, Child 5; Item 24 Child 6 and so on.
Signature of applicant
Signature of respondent
9
Part G
De facto relationship jurisdiction – financial causes
(subsection 4(1) of Family Law Act 1975 defines de facto financial cause)
Complete all the boxes below as required if relying on the Court’s jurisdiction to make orders for the
benefit of a party to a de facto relationship that has broken down.
ENTITLEMENT TO APPLY AND GEOGRAPHIC REQUIREMENTS
25 Did your de facto relationship break down on or after 1 March 2009 or if resident in South Australia on or
after 1 July 2010?
No
IF NO, COMPLETE ITEMS 26 TO 28 AS REQUIRED
Yes
IF YES, GO TO ITEM 29
26 Do both parties each choose for Parts VIIIAB and VIIIB, and subsection 114(2A) of the Family Law Act 1975
to apply in relation to your de facto relationship?
APPLICANT
No
RESPONDENT
No
Yes ATTACH COPIES OF YOUR WRITTEN AND
Yes ATTACH COPIES OF YOUR WRITTEN AND
SIGNED CONSENT AND STATEMENT OF
SIGNED CONSENT AND STATEMENT OF
LEGAL ADVICE BY A LEGAL PRACTITIONER
LEGAL ADVICE BY A LEGAL PRACTITIONER
27 Have the parties previously entered into a designated State/Territory financial agreement in relation to their
de facto relationship?
No
IF NO, GO TO ITEM 29
Yes
IF YES, GO TO ITEM 28 AND PROVIDE A COPY OF THE AGREEMENT/S
28 Has that agreement ceased to have effect without any property being distributed or any maintenance being
paid under the agreement?
No
Yes
29 Is the period or the total of the periods of the de facto relationship at least 2 years?
No
Yes
30 Is there a child of the de facto relationship?
No
Yes
31 Has the applicant made substantial contributions of the kind mentioned in paragraph 90SM(4)(a), (b) or (c)
and a failure to make an order or declaration would result in serious injustice to the applicant?
No
Yes
10
32 Is, or was, the relationship registered under a prescribed law of a State or Territory of Australia?
No
Yes
YOU MUST FILE A COPY OF THE CERTIFICATE OF REGISTRATION OR OTHER PROOF
33 Was either or both of the parties to the de facto relationship ordinarily resident in one or more of the Australian
Territories or New South Wales, Queensland, Victoria, Tasmania or South Australia when the relationship
broke down?
No
Yes
34 Are either or both of the parties to the de facto relationship ordinarily resident in one or more of the Australian
Territories or New South Wales, Queensland, Victoria, Tasmania or South Australia at the time this application
is made?
No
Yes
35 Were both of the parties to the de facto relationship ordinarily resident in one or more of the Australian
Territories or New South Wales, Queensland, Victoria, Tasmania or South Australia for at least one third of
the de facto relationship?
No
Yes
36 Did the applicant make substantial contributions of the kind mentioned in paragraph 90SM(4)(a), (b) or
(c) in relation to the de facto relationship in one or more of the Australian Territories or New South Wales,
Queensland, Victoria, Tasmania or South Australia?
No
Yes
11
Part H
Details for property or maintenance orders
Omit all of Part H if no property or maintenance orders are sought.
GO TO PART J ON PAGE 23
n The Court may refuse to make the property orders you seek if the proposed orders are not just and
equitable.
n The amounts shown for the value of property, superannuation, liabilities and financial resources should be
current figures.
n Column 1 should be completed by the applicant and must contain details of all property, superannuation,
liabilities and financial resources of the applicant.
n Column 2 should be completed by the respondent and must contain details of all property, superannuation,
liabilities and financial resources of the respondent.
n Attach extra pages if you need more space to answer any Item and clearly number it (for example, if you
need more space for Item 43, the extra page would be numbered Item 43, page 2.)
n If the amount for an item is nil, write NIL. If you can only give an estimate write the letter ‘E’ before the
stated amount.
n Use whole dollars.
INCOME
APPLICANT
37 Gross weekly
$
income
38 Do the orders
sought affect
your earning
capacity?
(e.g. are you
disposing of
or acquiring
an investment
or business?)
RESPONDENT
$
No
Yes
GO TO ITEM 39
No
GIVE DETAILS
GO TO ITEM 40
No
GIVE DETAILS
Yes
GO TO ITEM 39
GIVE DETAILS
CHILD SUPPORT
39 Are you
paying child
support?
No
Yes
Amount paid per week
$
No
receiving child
support?
Signature of applicant
Yes
GIVE DETAILS
Amount paid per week
Paid to (name)
40 Are you
Yes
GO TO ITEM 40
$
Paid to (name)
GO TO ITEM 41
No
GIVE DETAILS
Yes
GO TO ITEM 41
GIVE DETAILS
Amount received each week$
Amount received each week$
Paid to you by (name)
Paid to you by (name)
Signature of respondent
12
PROPERTY
How to list shared property
If you own any property jointly with the other party to this application or any other person, then show the market
value of your individual share in that property.
APPLICANT
41 Real estate
RESPONDENT
Address
Address
State
Your % share
Value of your share
State
Your % share
$
Address
Value of your share
Address
State
Your % share
Value of your share
42 Motor vehicles
43 Furniture,
furnishings
and effects
44 Funds in
banks,
building
societies,
credit unions
or other
financial
institutions
$
State
Your % share
$
Value of your share
Make
Make
Model
Model
$
Value of your share
$
Value of your share
$
Value of your share
$
Value of your share
$
Name of Institution
Your share
Name of Institution
$
Your share
Account Number
Account Number
Name of Institution
Name of Institution
Your share
$
Your share
Account Number
Account Number
Name of Institution
Name of Institution
Your share
Account Number
Signature of applicant
$
Your share
$
$
$
Account Number
Signature of respondent
13
45 Interest in
any business
(give your best
estimate of the
gross market
value)
APPLICANT
RESPONDENT
Name of business
Name of business
Your % share
Your % share
Value of your share
46 Investments
including
shares
in public
companies
47 Life insurance
policies
48 Interest in any
other property,
including in
any leased
property
Value of your share
$
Name and type of investment
Name and type of investment
Number shares held/Your % share
Number shares held/Your % share
Value$
Value$
Name and type of investment
Name and type of investment
Number shares held/Your % share
Number shares held/Your % share
Value$
Value$
Company
Company
Policy No.
Policy No.
Surrender value of your share$
Surrender value of your share$
Give details
Give details
Value of your share
$
Value of your share
Give details
Value of your share
49 TOTAL VALUE
OF PROPERTY
OWNED BY
YOU
Signature of applicant
$
$
Give details
$
Value of your share
$
$
$
Write this amount at Item 58A on page 16
Write this amount at Item 58C on page 16
Signature of respondent
14
LIABILITIES
APPLICANT
50
Amount owing
on home
mortgage
RESPONDENT
Name of lender
Name of lender
Address of property
Address of property
State
State
Your share of amount owing$
51 Amount owing
on any other
mortgage
Your share of amount owing$
Name of lender
Name of lender
Address of property
Address of property
State
52 Amounts
owing on any
credit/charge
cards
53 Amounts
owing on any
other loans
54 Hire purchase/
lease
55 Income tax
liabilities
56 Any other
liabilities
57 YOUR TOTAL
LIABILITIES
Signature of applicant
State
Your share of amount owing$
Your share of amount owing$
Type of card
Type of card
Your share of amount owing$
Your share of amount owing$
Type of card
Type of card
Your share of amount owing$
Your share of amount owing$
Give details
Give details
Name of lender/s
Name of lender/s
Your share of amount owing$
Your share of amount owing$
Give details
Give details
Name of lender/s
Name of lender/s
Description of property
Description of property
Your share of amount owing$
Your share of amount owing$
Current financial year $
Current financial year $
Amount unpaid from previous financial years
Amount unpaid from previous financial years
$
$
Give details
Give details
Your share of amount owing$
Your share of amount owing$
$
$
Write this amount at Item 58B on page 16
Write this amount at Item 58D on page 16
Signature of respondent
15
YOUR TOTAL NET WORTH (NOT INCLUDING SUPERANNUATION)
APPLICANT
RESPONDENT
58 To calculate your total net worth, subtract the amounts at Item 57 from the amounts at item 49.
Insert the total
from Item 49
A$
C$
Insert the total
from Item 57
B$
D$
YOUR TOTAL
NET WORTH
$
$
(NOT INCLUDING
SUPERANNUATION)
59 Has either
party acquired No
or disposed of
Yes
any property
since the date
of separation?
Signature of applicant
GO TO ITEM 60
No
GIVE DETAILS
Yes
Signature of respondent
GO TO ITEM 60
GIVE DETAILS
16
SUPERANNUATION
If you have a superannuation interest
n attach a completed Superannuation Information Form when a splitting order is sought
If you have more than one superannuation interest
attach a completed Superannuation Information Form for each interest when a splitting order is sought
n attach a list of the interests
n include the details required in Items 60–65 for each interest
n
APPLICANT
60 Name of
eligible
superannuation
plan
RESPONDENT
Name
61 Type of interest
Name
accumulation interest
accumulation interest
partially vested accumulation interest
partially vested accumulation interest
defined benefit interest
defined benefit interest
self managed fund
self managed fund
retirement savings account
retirement savings account
small superannuation account
small superannuation account
percentage only interest
percentage only interest
approved deposit fund
approved deposit fund
eligible annuity
eligible annuity
62 Specify the
current agreed $
gross value of
the interest in
superannuation
63 Has the
agreed value in Item 62 been
calculated in
accordance with
the Family Law
(Superannuation)
Regulations
2001?
$
Yes
Yes
(Complete only
if section 90MT
(2)(a) of the Act
applies to the
superannuation
interest)
Signature of applicant
Signature of respondent
17
64 For each
interest,
whether or
not a splitting
order is sought,
advise if the
interest is
subject to an
earlier payment
split.
No
No
GO TO ITEM 65
GO TO ITEM 65
Yes Are there any further
payments to be made?
Yes Are there any further
payments to be made?
No
No
65 For each
interest,
whether or not
a splitting order
is sought:
GO TO ITEM 65
Yes Provide the following details:
GO TO ITEM 65
Yes Provide the following details:
a) The operative time for the split
a) The operative time for the split
//
//
b) The amount of any future
payments in respect of a base
amount split in the payment
phase (where applicable)
b) The amount of any future
payments in respect of a base
amount split in the payment
phase (where applicable)
$
$
c) The adjusted base amount where
the interest is in the growth phase
(where applicable)
c) The adjusted base amount where
the interest is in the growth phase
(where applicable)
$
$
d) The specified percentage in
the case of a percentage split
(where applicable)
d) The specified percentage in
the case of a percentage split
(where applicable)
%
%
a) If the interest is a defined
benefit interest in the growth
phase (not being an interest
in a constitutionally protected
fund), state the amount of any
surcharge debt in the most
recent member statement
a) If the interest is a defined
benefit interest in the growth
phase (not being an interest
in a constitutionally protected
fund), state the amount of any
surcharge debt in the most
recent member statement
$
$
b) If the interest is in a
constitutionally protected
fund, state the amount of any
surcharge in the surcharge debt
account
b) If the interest is in a
constitutionally protected
fund, state the amount of any
surcharge in the surcharge debt
account
$
$
FINANCIAL RESOURCES
66 Interest in any
GIVE DETAILS
trust or any
other financial
resources (for
example, do
you have an
expectation of $
receiving money
from a personal
injury claim or
court case or property
from a deceased estate?)
Signature of applicant
GIVE DETAILS
$
Signature of respondent
18
PROPOSED DIVISION OF PROPERTY
APPLICANT
67 Proposed
Applicant
percentage
division of
Respondent
the property
(including
superannuation)
68 Were the
Yes
No
GO TO ITEM 69
Yes
No
GO TO ITEM 70
financial
contributions
of the parties the same?
(see s79(4)(a)
or if a de facto
relationship
s90SM(4)(a)
of the Family
Law Act)
69 Were the
non-financial
contributions
from each of
the parties
the same?
(see s79(4)(b)
or if a de facto
relationship
s90SM(4)(b)
of the Family
Law Act)
Signature of applicant
RESPONDENT
%
%
GIVE BRIEF DETAILS OF WHO
MADE THE GREATER CONTRIBUTION
GIVE BRIEF DETAILS OF WHO
MADE THE GREATER CONTRIBUTION
Agree
Disagree GIVE BRIEF REASONS WHY
YOU DISAGREE AND SPECIFY YOUR
ESTIMATE OF THE PROPOSED DIVISION
Agree
Disagree GIVE BRIEF REASONS
WHY YOU DISAGREE
Agree
Agree
GIVE BRIEF REASONS
Disagree GIVE
Disagree
BRIEF REASONS
Signature of respondent
WHY YOU DISAGREE
WHY YOU DISAGREE
19
PROPOSED DIVISION OF PROPERTY
70 Were the
[CONTINUED]
APPLICANT
RESPONDENT
Yes
Agree
GO TO ITEM 71
contributions
No GIVE BRIEF DETAILS OF WHO
from each of
MADE THE GREATER CONTRIBUTION
the parties as
homemaker
and parent
the same?
(see s79(4)(c)
or if a de facto
relationship
s90SM(4)(c)
of the Family
Law Act)
71 Are there any No
other relevant
matters or facts Yes
in relation to
the division of
the property
(eg. health,
financial
resources,
income earning
ability)?
(see s75(2) or
if a de facto
relationship
s90SF(3) of the
Family Law Act)
Signature of applicant
Disagree GIVE BRIEF REASONS
WHY YOU DISAGREE
GO TO ITEM 72
Agree
GIVE BRIEF DETAILS
Disagree GIVE BRIEF REASONS
Signature of respondent
WHY YOU DISAGREE
20
Part I
Effect of property orders sought
Omit all of Part I if no property or maintenance orders are sought.
72
APPLICANT
RESPONDENT
Value of the property the applicant will
receive
Value of the property the respondent
will receive
Real estate
$
$
Motor vehicles
$
$
Furniture, furnishings and
effects
$
$
Funds in banks, building
societies, credit unions or
other financial institutions
$
$
Interest in any business
$
$
Investments including shares
$
in public companies
$
Life insurance policies
$
$
Other property
$
$
$
$
TOTAL
73
Liabilities for which the applicant will
be responsible
Liabilities for which the respondent will
be responsible
Home mortgage
$
$
Other mortgage
$
$
Loans (total from bank,
building society, credit union $
or other financial institutions)
$
Credit cards
$
$
Hire purchase
$
$
Other liabilities – specify
$
$
$
$
TOTAL
NET VALUE OF PROPERTY THAT THE
APPLICANT WILL RECEIVE
74 TOTAL
Signature of applicant
$
NET VALUE OF PROPERTY THAT THE
RESPONDENT WILL RECEIVE
$
Signature of respondent
21
APPLICANT
RESPONDENT
75 Superannuation GROSS VALUE OF THE SUPERANNUATION
76 What are
the taxation
consequences
of any order
sought in
relation to
any interest in
superannuation?
Signature of applicant
THE APPLICANT WILL RECEIVE
GROSS VALUE OF THE SUPERANNUATION
THE RESPONDENT WILL RECEIVE
$
$
GIVE DETAILS
GIVE DETAILS
Signature of respondent
22
Part J
Statement of Truth of applicant
n
Mark [X] every box that applies.
n
You must attach a further Part J and K for each other applicant if applicable.
1
I am the applicant.
2
I have read this application and the proposed orders by consent which I am now requesting this
Honourable Court to make.
3
The orders are agreed upon by all parties.
4
I am aware of my right to obtain independent legal advice.
5
I have had independent legal advice on my relevant rights under the Family Law Act and the effect and
consequences of orders being made in the terms proposed.
6
Apart from column 2 of Parts H and I (if included) the matters stated in this application that are within my
personal knowledge are true and all other facts are true to the best of my knowledge, information and
belief and the orders sought are supported by evidence.
7
I have signed each page of the proposed orders by consent, lodged with this application, and dated them
today.
For parenting orders – I have read and considered sections 60B, 60CA, 60CC,60CH, 60CI, 61DA,
64B, 65DAA, 67Z and 67ZBA of the Family Law Act.
8
9
For financial orders – I have read and considered in the case of a marriage section 72, section 79, and
subsection 75(2) and where there is a superannuation interest, Part VIIIB of the Family Law Act and in the
case of a de facto relationship section 90SF, section 90SM, and where there is a superannuation interest,
Part VIIIB of the Family Law Act.
10
For financial orders
(a) I have no interest in property, superannuation, or a financial resource which is not described in column 1 of
Part H.
(b) Where I give any estimate in this application it is based on knowledge, information and belief and is
given in good faith.
11
12
For property orders in relation to a superannuation interest – the trustee of the superannuation plan:
(a) at least 28 days before this application is filed – has been served with written notice:
(i) of the terms of the orders that will be sought from the Court to bind the trustee, and
(ii) that the trustee may object to the orders sought by giving written notice of the objection within
28 days of receiving the notice, and
(b) has not objected to the orders sought.
For an order or injunction binding on the third party – I have read and considered Part VIIIAA and in the
case of a de facto relationship also section 90TA of the Family Law Act.
I have read and understood this Statement of Truth
Signature of applicant or if eFiling, tick box only
Part K
Date
//
Statement of independent legal advice
(OMIT IF NOT APPLICABLE)
I am a lawyer entitled to practise in this Court.
I have given the applicant independent legal advice as to the meaning and effect of the proposed
Consent Orders and explained their rights, entitlements and obligations.
I gave the applicant a copy of the Family Court’s brochure Marriage, Families and Separation.
Signature of lawyer
Print name
Date
//
23
Part L
Statement of Truth of respondent
n
Mark [X] every box that applies.
n
You must attach a further Part L and M for each other respondent if applicable.
1
I am the respondent.
2
I have read this application and the proposed orders by consent which I am now requesting this
Honourable Court to make.
3
The orders are agreed upon by all parties.
4
I am aware of my right to obtain independent legal advice.
5
I have had independent legal advice on my relevant rights under the Family Law Act and the effect and
consequences of orders being made in the terms proposed.
6
Apart from column 1 of Parts H and I (if included) the matters stated in this application that are within my
personal knowledge are true and all other facts are true to the best of my knowledge, information and
belief and the orders sought are supported by evidence.
7
I have signed each page of the proposed orders by consent, lodged with this application, and dated them
today.
For parenting orders – I have read and considered sections 60B, 60CA, 60CC,60CH, 60CI, 61DA,
64B, 65DAA, 67Z and 67ZBA of the Family Law Act.
8
9
For financial orders – I have read and considered in the case of a marriage section 72, section 79, and
subsection 75(2) and where there is a superannuation interest, Part VIIIB of the Family Law Act and in the
case of a de facto relationship section 90SF, section 90SM, and where there is a superannuation interest,
Part VIIIB of the Family Law Act.
10
For financial orders
(a) I have no interest in property, superannuation, or a financial resource which is not described in column 2 of
Part H.
(b) Where I give any estimate in this application it is based on knowledge, information and belief and is
given in good faith.
11
12
For property orders in relation to a superannuation interest – the trustee of the superannuation plan:
(a) at least 28 days before this application is filed – has been served with written notice:
(i) of the terms of the orders that will be sought from the Court to bind the trustee, and
(ii) that the trustee may object to the orders sought by giving written notice of the objection within
28 days of receiving the notice, and
(b) has not objected to the orders sought.
For an order or injunction binding on the third party – I have read and considered Part VIIIAA and in the
case of a de facto relationship also section 90TA of the Family Law Act.
I have read and understood this Statement of Truth
Signature of respondent or if eFiling, tick box only
Part M
Date
//
Statement of independent legal advice
(OMIT IF NOT APPLICABLE)
I am a lawyer entitled to practise in this Court.
I have given the respondent independent legal advice as to the meaning and effect of the proposed
Consent Orders and explained their rights, entitlements and obligations.
I gave the respondent a copy of the Family Court’s brochure Marriage, Families and Separation
Signature of lawyer
Print name
Date
This application was prepared by applicant/s
//
lawyer
PRINT NAME AND LAWYER’S CODE
24
Supplement to Application for Consent Orders for use only when an order or injunction is sought
binding on a third party under Part VIIIAA of the Family Law Act.
Part N
Statement of Truth of third party respondent
n
Mark [X] every box that applies.
n
You must attach a further Part N and O for each other third party respondent, if applicable.
n
If the third party is a corporation, this Statement of Truth must be signed by a person authorised to do so on
behalf of the corporation.
1
I am a third party to a marriage between the applicant and respondent.
2
I have read this application and the proposed consent orders which I am now requesting this
Honourable Court to make.
3
I have agreed to the order or injunction that is binding on me.
4
I am aware of my right to obtain independent legal advice.
5
I have had independent legal advice on my relevant rights under the Family Law Act and the effect
and consequences of orders being made in the terms proposed.
6
I have signed each page of the proposed orders by consent, lodged with this application, and dated
them today.
7
I have read and considered Part VIIIAA of the Family Law Act and in the case of a de facto
relationship also section 90TA of the Family Law Act.
8
I am satisfied that I have been accorded procedural fairness in relation to the making of the order or
injunction binding on me.
9
I confirm that Section 90AE(3) and Section 90AF(3) of the Family Law Act (whichever is applicable)
is satisfied, and that the order or injunction takes into account the matters in sub-section 90AE(4) or
90AF(4) (whichever is applicable).
10
I confirm that Section 90AK of the Family Law Act does not apply to prevent the court making the order
or injunction that is binding on me.
I have read and understood this Statement of Truth
Signature of third party respondent or if eFiling, tick box only
Part O
Date
//
Statement of independent legal advice
(OMIT IF NOT APPLICABLE)
I am a lawyer entitled to practise in this Court.
I have given the respondent third party independent legal advice as to the meaning and effect of the
proposed Consent Orders and explained their rights, entitlements and obligations.
Signature of lawyer
Print name
Date
Approved by Chief Justice pursuant to rule 24.04(1) 070612 V3
//
25
Where to file
For more information about the Family Court of Australia:
Go to www.familycourt.gov.au, Live chat on the website or call 1300 352 000.
ACT
NSW
Canberra Registry Cnr University Ave and Childers St, Canberra, ACT 2600
(GPO Box 9991 Canberra ACT 2601)
(1300 352 000
Albury Registry Level 1, 463 Kiewa St, Albury, NSW, 2640
(PO Box 914 Albury NSW 2640)
Dubbo Registry Cnr Macquarie and Wingewarra Sts Dubbo, NSW 2830
(PO Box 1567 Dubbo NSW 2830)
Lismore Registry Level 2, 29–31 Molesworth St, Lismore, NSW 2480
(PO Box 9 Lismore NSW 2480)
Newcastle Registry 61 Bolton St, Newcastle, NSW 2300
(PO Box 9991 Newcastle NSW 2300)
Parramatta Registry 1–3 George St, Parramatta, NSW 2123
(PO Box 9991 Parramatta NSW 2123)
Sydney Registry 97–99 Goulburn St, Sydney, NSW 2000
(GPO Box 9991 Sydney NSW 2001)
Wollongong Registry Level 1, 43 Burelli St, Wollongong, NSW 2500
(PO Box 825 Wollongong NSW 2500)
NT
QLD
(1300 352 000
Alice Springs Registry Westpoint Building, Cnr Railway Terrace and Stott Terrace
Alice Springs NT 0870
(GPO Box 9991 Darwin NT 0801)
Darwin Registry Supreme Court Building, State Square, Darwin NT 0800
(1300 352 000
(GPO Box 9991 Darwin NT 0801)
Brisbane Registry 119 North Quay, Brisbane, QLD 4000
(GPO Box 9991 Brisbane QLD 4001)
Cairns Registry Level 3 and 4, 104 Grafton St Cairns QLD 4870
(PO Box 9991 Cairns QLD 4870)
Rockhampton Registry 46 East St (Cnr Fitzroy St), Rockhampton, QLD 4700
(PO Box 9991 Rockhampton QLD 4700)
SA
TAS
VIC
WA
Townsville Registry Level 2, 143 Walker St Townsville Qld 4810
(PO Box 9991 Townsville QLD 4810)
Adelaide Registry 3 Angas St, Adelaide, SA 5000
(GPO Box 9991 Adelaide SA 5001)
Hobart Registry 39–41 Davey St, Hobart, Tas 7000
(GPO Box 9991 Hobart Tas 7001)
Launceston Registry Level 3, ANZ Building, Cnr Brisbane and George Sts Launceston Tas 7250
(PO Box 9991 Launceston Tas 7250)
(1300 352 000
Dandenong Registry 53–55 Robinson St, Dandenong, Vic 3175
(PO Box 9991 Dandenong Vic 3175)
Melbourne Registry 305 William St, Melbourne, Vic 3000
(GPO Box 9991 Melbourne Vic 3001)
Family Court of Western Australia
150 Terrace Rd, Perth, WA 6000
(GPO Box 9991 Perth WA 6848)
(1300 352 000
(1300 352 000
(1300 352 000
((08) 9224 8222
Help in other languages
Kit Authorised by the Principal Registrar 070612
V3